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To: John Schroedel
Subject: Infringement Complaint

Even though you have made it clear you have no intention of taking any action in this matter we were advised to modify this slightly to be correct and legal.

NOTE: This complaint was also sent to Metropolitan Philip of the Antiochian Church.

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The Holy Eastern Orthodox Catholic and Apostolic Church in North America, Inc.
PO Box 121
Sudan, TX. 79371
www.theocacna.us
Main 806-227-2214

Notification of Claimed Service Mark Infringement

(i) The physical or electronic signature of the undersigned is the complaining party authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) This identifies the owner of the copyrighted material of this complaint: The Holy Eastern Orthodox Catholic and Apostolic Church in North America (Original Corporation in Mass. Feb. 1, 1928). Most Rev. Victor Prentice, Corporate President, P.O. Box 121, Sudan, TX 79371 806-227-2214

(iii) The website you host, Orthodoxwiki.org, publishes our Church name which is part of our Registered Service Mark with the U.S. Government, on their website. The use of our Church names, both legally owned as common law Service Marks as well as The Holy Eastern Orthodox Catholic and Apostolic Church in North America being our corporate name since 1928 and our formerly registered mark for 7 years while 5 years is all that is required for legal ownership under federal law. It was our Registered Service Mark (Reg. No. 2,372,649) duly filed with the U.S. Patent and Trademark Office and is infringement and dilution of our registered Service Mark. Said Service Mark has been refiled and published for opposition and we now await our new registration. This can be verified on the USPTO website search link. The Mark is our name and our logo. The use of our name in any manner to attack this church infringes our legal rights. Their claim we do not exist, that we are not who we are, as well as their numerous false claims and assumptions that conflict with other information on the 2 pages in question do in fact dilute our Mark and our ownership rights as well as infringe us. The law does not allow the owner to be attacked with his own Service Mark and the law does not require continuous registration (15 USC 1065).

(iv) The above actions are believed to be a violation of Federal Law

(v) The complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the service mark owner, agent, or the law.

(vi) The information in this notification is accurate and, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We also claim that numerous canons are violated by the claims published and an informal complaint has been prepared and sent and the formal complaint is being prepared, in detail, for the Holy Synod in Constantinople.

We claim the Church names "American Orthodox Catholic Church", the short name given to this Church in the Dec 1927 constitution by the Holy Synod who issued our Charter, and our legal name "THE HOLY EASTERN ORTHODOX CATHOLIC AND APOSTOLIC CHURCH IN NORTH AMERICA" our corporate name as shown on our Feb. 2, 1927 Charter and the Feb. 1, 1928 Corporation documents are our common law service marks and we claim full ownership of these names..

You may also wish to note the 3rd page The Society of Clerks Secular of Saint Basil which we also own by common law and as a Registered Service Mark. That page is also published on orthodoxwiki.org.

http://orthodoxwiki.org/American_Orthodox_Catholic_Church

http://orthodoxwiki.org/Aftimios_Ofiesh

http://orthodoxwiki.org/Society_of_Clerks_Secular_of_St._Basil

_____________________/ss/ Most Rev. Victor Prentice
Archbishop
Agent for Service Mark Owner

CC:
Abp. Victor
Synod
Paralegal
File

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